Motions to reopen are filed with either the Immigration Court, the Board of Immigration Appeals or US Citizenship and Immigration Services, whichever agency issued the decision that you are seeking to reopen.
Before the Immigration Court and the Board of Immigration Appeals
With limited exceptions, such as not having previously received the decision, a motion to reopen must be filed within 90 days of a decision by the Immigration Judge or the Board of Immigration Appeals. If more than 90 days has passed but you are otherwise eligible to become a lawful permanent resident, an application called a Joint Motion to Reopen must be filed with the Litigation Unit of Immigration and Customs Enforcement (ICE). This must be very carefully crafted because you are asking ICE to agree to reopen your case.
If the applicant is detained with a final order of removal, it is vital that a Stay of Removal be filed with the Immigration Court or the Board of Immigration Appeals, when submitting a Motion to Reopen or a Joint Motion to Reopen.
Before U.S. Citizenship and Immigration Services
Motions to reopen, as well as Motions to Reconsider, must be filed within 30 days of its decision. Unless the applicant is contesting a finding of abandonment by USCIS, Motions to Reopen must state the new facts to be proved in the reopened proceeding and be supported by affidavits or other documentary evidence. A Motion to Reconsider must establish establish that the decision was based on an incorrect application of law or Service policy.
Mr. Horn has nearly 20 years of experience of successfully preparing many motions before the Department of Homeland Security, the Immigration Court and the Board of Immigration Appeals. Contact the Law Office of Eric Horn, PC at (631) 435-7900 or contact him online to schedule a consultation.
